The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-09-09
PR0nIBIrOnY LAWS
VI tho Various States md now they Yo,
-.IntnrsEtInu 4ltu,nr.

| --lntorcstlug uisturJ. 9 d
A number Of the States have expert.
msnted with prohibitory laws. The first
o enact a law Of this kind was Maine,
whose Legislature in 1916 passed a bill
forbidding tho traffic in liquors, bu! this
proved TO imperfect in detail that ii could
not DO enforced. Another attempt wse
made in 1851, when the iamouu "Nlaine
liquor law" was enacted. This ls still in
iorco in that Slate, and in 1854 lis spec;tl.
cations were put IN the form OF consti
tutional amendment aud adopted BY a
large popular majority. Vermont enacted
o ptohibitory law in 1862, its proyisions,
however, being much leua stringent than
thoao OF the Mime law. 1t was strength
ened by the passage in 1860 Of civil dam
age act, which provided that damages
might be collected from the liquor seller
for injuries inflicted by his customsre.
while In a state CT intoxicstion, upon
themselves or othors. A mild pYohibitory
law was also passed by New Hampshire in
lS55, which has been strengthened by
enactmenta since adopted. Damages ara
assessed on the liquor seller for the acta
Of drunkards in that State also by an act
passed in 1870. .'1-9 -
In Massachusetts tho temperance ex.
element Of 1852 resulted in the passage OF
8 p1ohibitory law by tho Legislature, but
the courts decided tho law was unconsti.
tutional, and in 1858 1t was repealed. Y In
1865, the know-Nothing party being in
power in the Assembly, another p,ohib;.
rory laT was passed. Thia was on trial
for several years before the courts, but at
last it's consitu!ionelity was affirmed.
Tbs question whether this law really pro:
hibited the eale Of liquor etfectually was
never settled, and in 1865 it was repealed
because OF great popular dissatisfaction
| with its manner Of working. A milder
law wss passed in 1859, and this being
even more unsatisfactory, was alb ,I;shed
in 1875, and replaced by license la7;
which still exissg. In Rhode Island. az In
Msasachuaetts, law passed during the
excited G!ate Of public feeling in 1852, Was
declared unconstitutional tho following
year. The law IVES then amended 60 10
not to conflict With the constitution, and
the question Of Ito adoption being submit
ted to tho people, 1t VEG approved BY q
ANAL majority. In 1868. however, Tho
law was repealed. In 1874 similar Law
Was passed, only to be abolished the next
year, when liccnee law, prohibiting the
sale OF liquors to minors and drunEards
and also on Sundays, and providing for
the collection OF damages from the LIQUOR.
dealer, Was paeGed. A prohibitory amend.
1ucnt was offered to the people In 1856,
but wss not adopted. 1@..1.5S$ 5'j'
Connecticut passed. a prohibisory law in
1904. But owing to uome defect In ths
law, or to the indifference Of the ueople,
it could not ba enforced, and became viz.
tualIy a dead letter. About 1870, there.
fore, It WAS superseded by the present ii.
eense law. which has the local option iea-
ture. This has given opportunity to a
large number Of towns and districts to
positively forbid tho sale Of liquor in their
locality, 90 thst nearly hall OF the State is
under practical prohibition. Michigan in
1858 adopted prohioitory law which was
repealed almost Immediately. A similar
| law, however, WAS adopted in 1856, which
continued on the statute books ior about
Twenty years. As it had become inopess-
Tive through popular Indifference, 1t was
REPLACED by license law in 1875. This
latter Was atrengthed in 1883 by the sdop.
ton OF a damage clause. n r., Z
In 1866 New York passed q prohibitory
Flaw, which shared the fate Of many simi.
lar ensctments, being declared .uucousti.
!tutionnl, and repealed tho following year.
In 1851 efforts were l1ade TO secure pro.
hibltion in the revised constitution, but
the result was failure. During the last
session Of tho Legislature, bill to regulate
! tho license traffic in large citiCs was passed
by both houses, but wss vetoed by Gov
efnor Hill. The extent OF New JERSEYS
prohibition ia law passed in 1907, and
: lstill in force, tosbidding the distribution
or eale OF ~; "o.s ct q public auction.
Pennsylvania once had psohibitory
statute on its books for few months. 1t
ives adopted in 1856 and repealed in 1866.
] This law had been preceded by q mo Ii.
censo act" which had been enacted by
fthe Legislature in 1916, and had been pro.
nounced unconstitutional by tho Supreme
Court. In 1872 O law wae passed giving
| local option to tho counties, and eixty.
seven Of them voted against llcsneing the
traffic. III two years the law was re-.
pealed and licenso law adopted, which Is
still in force. 1l% .''!53EyE@ q
| Delaware has tried prohibition twice.
The. first law was paEHed in 1917, only to
DO repealed in 1913. The Hecond law was
made in 1856, but 1t was in q few years
diaplaeed by q license Law, which Is still
in existence. Three other statcs Indiana,
Illinois End Iowa, adopted pfohihitory
laws in 1885. That OF Indiana was de-
clared void soon after, cpd has never heeu
re.enaeted, Tho legislative enactment oil
Illinois was submitted TO the people, and
rejected by them. Since then no effort
has been made to make the Stats prohibit.
tory, bat high license law was passed by
the Legislature Of 1888. This law has
been declared constitutional by the courts
] and has been generally euccessislin oper,
& alton. The Iowa LAW has stood, with
some notifications, and where bubble
q opinion has supported it. has boon pener
ally executed. 4. In 1882 prohibitoty
\ clause was put into the Constitution By
popular vote. This amendment has bees
declsyed void by the supreme Court, or
account OF certain technical errors II
drawing 1t up. 81 iiII. a ~ H-'5' :
Ohio put "no.license" clause in il,
constitution in 1861, and tho sale Of LIQUOR